Woman, 78, gets 10 years in Bike Week DUI death

Published: Wednesday, April 24, 2013 at 6:49 p.m.

Last Modified: Thursday, April 25, 2013 at 8:43 a.m.

A 78-year-old woman was sentenced on Wednesday to 10 years in prison for driving drunk and killing a biker during Bike Week 2012.

Barbara Dunn of Chatham, Mass., was traveling north on State Road A1A on March 17, 2012, when she veered into the southbound lane near Highbridge Road in northern Volusia County. Dunn's van struck and killed Charles Bixler, 64, of Concord, N.C., and forced two other bikers off the road, injuring both.

Dunn's blood alcohol content was measured at 0.277 or more than three times the legal limit of 0.08.

Circuit Judge Leah R. Case noted Dunn had no criminal record and like Bixler had been an "exemplary" person. But Dunn's decision that night caused a tragedy.

"Part of her history is too that she had a drinking problem," Case said. "When she was asked on the stand if she was an alcoholic her first response was, 'I guess,' even though she has voluntarily admitted herself three separate times to inpatient rehabilitation centers and then ultimately killed somebody driving with an alcohol level that's three times the limit."

Case said Dunn was old enough and educated enough to have found an alternate way home when going to drink at Martins Restaurant and Lounge and Finns, both in Flagler Beach.

Case sentenced Dunn to the 10 years in prison followed by five years' probation. The judge also revoked Dunn's driver's license for the rest of her life.

Dunn leaned over in her seat as if struck when the sentence was announced. It sounded like she gasped. She dabbed at her eyes with a tissue.

Case also sentenced Dunn to one year in prison on a count of enhanced DUI and five years in prison on a count of DUI causing serious bodily injury. All the prison terms are to run concurrently.

Her defense attorney, David Johnson, had cited Dunn's age, remorsefulness and health problems when asking for the minimum sentence of four years in prison. Johnson said the two surviving bikers injured in the crash had requested no prison time.

Prosecutor Joe Warren argued for nearly 15 years in prison. Warren cited Dunn's age, saying she should have known better but nevertheless drove after drinking Manhattans at two places.

Dunn took the stand and in a tearful voice expressed her remorse and said she had not had a drop of alcohol since the accident and would never drink again.

"I want you all to know that my heart is broken and my soul is so damaged forever," Dunn said. "To this day I cannot understand my behavior that fateful night."

Dunn's family declined comment after the sentencing.

Bixler's wife, Connie, declined comment after the hearing. But his brother, Joe Bixler, said he had left it up to prosecutors to decide how much prison time to request. He said the sentence was appropriate.

"Any other age it would be a fair sentence," Joe Bixler said. "So I don't see why not at this age."

<p>A 78-year-old woman was sentenced on Wednesday to 10 years in prison for driving drunk and killing a biker during Bike Week 2012. </p><p>Barbara Dunn of Chatham, Mass., was traveling north on State Road A1A on March 17, 2012, when she veered into the southbound lane near Highbridge Road in northern Volusia County. Dunn's van struck and killed Charles Bixler, 64, of Concord, N.C., and forced two other bikers off the road, injuring both. </p><p>Dunn's blood alcohol content was measured at 0.277 or more than three times the legal limit of 0.08. </p><p>Circuit Judge Leah R. Case noted Dunn had no criminal record and like Bixler had been an "exemplary" person. But Dunn's decision that night caused a tragedy. </p><p>"Part of her history is too that she had a drinking problem," Case said. "When she was asked on the stand if she was an alcoholic her first response was, 'I guess,' even though she has voluntarily admitted herself three separate times to inpatient rehabilitation centers and then ultimately killed somebody driving with an alcohol level that's three times the limit." </p><p>Case said Dunn was old enough and educated enough to have found an alternate way home when going to drink at Martins Restaurant and Lounge and Finns, both in Flagler Beach. </p><p>Case sentenced Dunn to the 10 years in prison followed by five years' probation. The judge also revoked Dunn's driver's license for the rest of her life. </p><p>Dunn leaned over in her seat as if struck when the sentence was announced. It sounded like she gasped. She dabbed at her eyes with a tissue. </p><p>Case also sentenced Dunn to one year in prison on a count of enhanced DUI and five years in prison on a count of DUI causing serious bodily injury. All the prison terms are to run concurrently.</p><p>Her defense attorney, David Johnson, had cited Dunn's age, remorsefulness and health problems when asking for the minimum sentence of four years in prison. Johnson said the two surviving bikers injured in the crash had requested no prison time. </p><p>Prosecutor Joe Warren argued for nearly 15 years in prison. Warren cited Dunn's age, saying she should have known better but nevertheless drove after drinking Manhattans at two places. </p><p>Dunn took the stand and in a tearful voice expressed her remorse and said she had not had a drop of alcohol since the accident and would never drink again. </p><p>"I want you all to know that my heart is broken and my soul is so damaged forever," Dunn said. "To this day I cannot understand my behavior that fateful night." </p><p>Dunn's family declined comment after the sentencing. </p><p>Bixler's wife, Connie, declined comment after the hearing. But his brother, Joe Bixler, said he had left it up to prosecutors to decide how much prison time to request. He said the sentence was appropriate. </p><p>"Any other age it would be a fair sentence," Joe Bixler said. "So I don't see why not at this age."</p>